Toronto City Council committee turns away marijuana advocates

theglobeandmail.com
June 27, 2016
By Jeff Gray

Pot dispensary owners erupted in anger as Toronto City Council’s licensing committee voted to defer discussion of possible rules for storefront medical marijuana operations until October, denying them the ability to address city councillors.

“People are dying every day, calling my shop, crying for their family members,” yelled Brandy Zurborg, co-owner of the Queens of Cannabis medical marijuana dispensary, one of dozens caught in up in last month’s massive sweep by police and bylaw officials.

It was the second time this committee has moved procedurally to silence an assembly of pot dispensary owners and advocates. In May, before the raids, City Councillor Cesar Palacio, who chairs the committee, told pot proponents they would have a chance to speak to the issue in June.

But on Monday, he and fellow committee members supported a motion by Councillor Giorgio Mammoliti to put the issue on hold until as late as October, after the August deadline courts have given the federal government to expand access to medical marijuana. Only Scarborough Councillor Jim Karygiannis, who has aligned himself with the pot-dispensary movement, voted against the deferral.

“We’re coming back, and all these people are going to be here as well,” Mr. Palacio said.

Mr. Palacio points out that Tracey Cook, the head of the city’s licensing department, says in her report that the city should wait until Oct. 25, after new federal medical marijuana rules are expected to be in place, before drafting its own regulations. The city’s legal department has concluded that, in the meantime, the city does not have the jurisdiction to regulate dispensaries, which remain illegal under federal law.

However, Vancouver and Victoria have brought in their own municipal licensing regimes for dispensaries. The Vancouver bylaw applies to business that advocate medical marijuana, and does not cover the actual sale of the drug, the staff report points out.

The federal Liberals have also said they intend to legalize recreational marijuana, but that legislation, and the rules that will determine where pot can be sold, are not expected until next year. In the mean time, storefront pot dispensaries are illegal, and, the city says, violate its zoning bylaw.

Mr. Palacio said he would try to raise the marijuana issue Monday night at a reception he is attending with Prime Minister Justin Trudeau, who is hosting Mexican President Enrique Peña Nieto at Casa Loma.

The scene outside the committee room Monday morning was one of anger, as pot advocates shouted at Mr. Mammoliti as he spoke to reporters.

Pot advocates said sick people who use marijuana to manage their pain find the federally regulated mail-order medical pot program unacceptable, and need storefront dispensaries to get the drug.

“This is a federal issue, this is a provincial issue, and until they’re substantial with what they want municipalities to actually do, I think it is premature to do this,” Mr. Mammoliti said, defending his deferral motion.

According to city staff, the raids last month that police and bylaw officers but 43 of an estimated 78 pot shops across the city, were effective. As of June 8, the city says, 34 of those 43 raided businesses have remained closed.

Police and bylaw officials had warned that their investigations were continuing. Last Thursday, they executed search warrants and arrested 23 people at four pot dispensaries, including Cannabis Culture on Queen Street West, which is operated by Marc and Jodie Emery, long-time vocal advocates for legal marijuana. It had been opened just a day after the sweep.

The raids came after a letter from Mr. Tory to the licensing committee, urging city bylaw officers and police to crackdown on the exploding number of medical marijuana dispensaries across the city, and calling for a licensing regime to control where dispensaries can set up.